Facebook, SMS bill passes

Gothataone Moeng | Thursday April 10, 2014 14:30

 

The Minister of Justice, Defence and Security Dikgakgamatso Seretse brought the bill to Parliament. Seretse said the bill would work hand in hand with the Criminal Procedure and Evidence Act and the Evidence in Civil Proceedings Act, both of which provide for the admissibility of documentary evidence, but do so without making a specific provision for the admissibility of records by an electronic record system. Rules relating to the admissibility of general evidence will still apply to the admissibility of electronic records as evidence, the minister said. Current practice dictates that where evidence comes in the form of a document, either an original of the document or an authenticated copy of the original must be used, with the authentication done by an administrative officer.

In the case of electronic records, under the bill, electronic records have to have proof of the integrity of the electronic records system in which the record was recorded or stored. If it contains an electronic signature that was added when the electronic record was first generated, that can be used to verify that the electronic record has not been changed since that time.

Regarding authentication of the record, a person who seeks to admit an electronic record as evidence in court will have to prove its authenticity.  The Botswana Communications and Regulatory Authority (BOCRA) will be the certifying authority for this act.  The minister further said an approved process shall be prescribed in regulations, which will set out a standard to ensure the integrity of the electronic records system.

“In relation to Facebook evidence, the evidence must be legal and must pass the system integrity test, be relevant and follow the approved process,” he said, adding that only a court can decide the admissibility of any evidence.  The minister further said issues relating to hacking and unauthorised access to a computer are provided for in the Cybercrime and Computer Related Crimes Act.

The MP for Palapye Moiseraela Goya said the bill was long overdue, saying many people have lost cases in the courts of law due to the absence of legislation allowing the admissibility of electronic records as evidence.  Serowe South MP Pelonomi Venson-Moitoi called the bill a “very helpful piece of legislation” time people realise that what they do online is just as harmful as what you do offline.